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Director of Public Prosecutions v. Tom Ojienda t/a Prof Tom Ojienda & Associates Advocates, Ethics and Anti-Corruption Commission, Chief Magistrate, Kibera Law Courts & Law Society of Kenya

(2019) JELR 102688 (CA)

Court of Appeal  •  Civil Appeal 109 of 2016  •  28 Jun 2019  •  Kenya

Roselyn Naliaka Nambuye, Sankale ole Kantai, Patrick Omwenga Kiage



On 18th March 2015 the Chief Magistrate, Kibera Law Courts (3rd respondent) issued warrants to the Ethics and Anti-Corruption Commission (EACC) to investigate Professor Tom Ojienda who was trading as Prof. Tom Ojienda and Associates Advocates’ (Ojienda) advocate-client bank account No. [particulars withheld] held at Standard Chartered Bank, Nakuru Branch. This was pursuant to EACC’s Notice of Motion Application dated 6th March, 2015 and filed before that Court under CMC Misc Application No.168 of 2015. The application which sought, inter alia, a warrant to be issued for purposes of investigating and inspecting Ojienda’s bank records, alleged that Kshs 280,000,000.00 was paid into Ojienda’s account advocate-client account by Mumias Sugar Company Ltd for legal services he allegedly had not rendered.

A Senior Advocate indubitably aware of his rights, Ojienda filed a Petition under a certificate of urgency on 1st April 2015, which was later amended and filed on 10th Ap…

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